New York S 467: Relates to referrals of patients for health related items or services

Bill Text

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S00467 Summary:

BILL NOS00467B

&nbsp

SAME ASSAME AS A00654-B

&nbsp

SPONSORHOYLMAN-SIGAL

&nbsp

COSPNSRJACKSON, KRUEGER

&nbsp

MLTSPNSR

&nbsp

Amd §12, Emerg Ten Prot Act of 1974; amd §26-516, NYC Ad Cd

&nbsp

Increases penalties for owners of rent-regulated property who overcharge tenants.

Go to top S00467 Actions:

BILL NOS00467B

&nbsp

01/08/2025REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

02/20/2025AMEND (T) AND RECOMMIT TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

02/20/2025PRINT NUMBER 467A

05/06/2025AMEND AND RECOMMIT TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

05/06/2025PRINT NUMBER 467B

Go to topS00467 Committee&nbspVotes:

Go to topS00467 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS00467 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 467--B

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by Sens. HOYLMAN-SIGAL, JACKSON, KRUEGER -- read twice and
 ordered printed, and when printed to be committed to the Committee on
 Housing, Construction and Community Development -- committee
 discharged, bill amended, ordered reprinted as amended and recommitted
 to said committee -- committee discharged, bill amended, ordered
 reprinted as amended and recommitted to said committee

 AN ACT to amend the emergency tenant protection act of nineteen seven-
 ty-four, and the administrative code of the city of New York, in
 relation to increasing penalties for owners of rent-regulated property
 who overcharge tenants

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The opening paragraph and clause (ii) of subparagraph (b)
 2 of paragraph 1 of subdivision a of section 12 of section 4 of chapter
 3 576 of the laws of 1974, constituting the emergency tenant protection
 4 act of nineteen seventy-four, as amended by section 1 of part F of chap-
 5 ter 36 of the laws of 2019, are amended to read as follows:
 6 Subject to the conditions and limitations of this paragraph, any owner
 7 of housing accommodations in a city having a population of less than one
 8 million or a town or village as to which an emergency has been declared
 9 pursuant to section three, who, upon complaint of a tenant or of the
 10 state division of housing and community renewal, is found by the state
 11 division of housing and community renewal, after a reasonable opportu-
 12 nity to be heard, to have collected an overcharge above the rent author-
 13 ized for a housing accommodation subject to this act shall be liable to
 14 the tenant for a penalty equal to [three] five times the amount of such
 15 overcharge. If the owner establishes by a preponderance of the evidence
 16 that the overcharge was neither willful nor attributable to [his] the
 17 owner's negligence, the state division of housing and community renewal
 18 shall establish the penalty as the amount of the overcharge plus inter-

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01958-05-5

 S. 467--B 2

 1 est at the rate of interest payable on a judgment pursuant to section
 2 five thousand four of the civil practice law and rules. After a
 3 complaint of rent overcharge has been filed and served on an owner, the
 4 voluntary adjustment of the rent and/or the voluntary tender of a refund
 5 of rent overcharges shall not be considered by the division of housing
 6 and community renewal or a court of competent jurisdiction as evidence
 7 that the overcharge was not willful. (i) Except as to complaints filed
 8 pursuant to clause (ii) of this paragraph, the legal regulated rent for
 9 purposes of determining an overcharge, shall be deemed to be the rent
 10 indicated in the most recent reliable annual registration statement for
 11 a rent stabilized tenant filed and served upon the tenant six or more
 12 years prior to the most recent registration statement, (or, if more
 13 recently filed, the initial registration statement) plus in each case
 14 any subsequent lawful increases and adjustments. The division of housing
 15 and community renewal or a court of competent jurisdi